LEGISLATION UPDATE: Employment Rights Bill amendments

13th January 2025

Employment law, Newbury, Berkshire.

An Amendment Paper on the Employment Rights Bill was published at the end of November, which included various proposed changes from the Government, such as:

  • Extended time limits for tribunal claims: The addition of a new Schedule which will have the effect of extending the time limit for bringing all tribunal claims from 3 months to 6 months.
  • More information on the ‘Initial Period of Employment’ (IPE): The draft Bill makes unfair dismissal a Day One right but leaves some wiggle room by allowing different rules to apply during what is termed the ‘initial period of employment’ (IPE). There was nothing in the original draft Bill about how long the IPE might be, although the accompanying ‘Next Steps’ document indicated it might be 9 months. A provision is now included stating that the IPE will be not less than 3 months and not more than 9 months.
  • Guaranteed hours: Various changes to the provisions relating to guaranteed hours which do not appear to simplify the complex way in which these provisions are currently structured. 
  • Shift cancellation payments: Changes to the rules on payments when shifts are cancelled, moved or curtailed at short notice, including giving the tribunal discretion on whether to make an award where an employer has failed to make a required payment in such circumstances, and further discretion as to what that payment should be, taking account the ‘seriousness of the matter’.
  • Menstrual health added to equality planning: “Menstrual problems and menstrual disorders” are set to become a specific part of “matters related to gender equality.” This means employers may need to include them in equality action plans under separate regulations.
  • Trade union access clarified: Clarification that the right of trade unions to access workplaces will not extend to any workplace which is also a dwelling.

Additional changes have been proposed by MPs:

  • No more gagging on harassment: A proposed clause would void any non-disclosure agreement (NDA) that tried to stop workers from reporting harassment, including sexual harassment. 
  • Banning substitution clauses: These clauses allow workers to send someone else to do their job. If this change passes, they’ll be prohibited in employment, worker, or dependent contractor contracts.

 

It remains to be seen how many of these changes will ‘stick’ as the Bill continues its progress through the House of Commons. The provisions relating to the extension of time limits are likely to be here to stay (given that there is a specific Schedule and this is one of the Government’s election pledges). The Amendment Paper can be accessed here.

 

If you need help understanding how the Employment Rights Bill will impact your business or any employment law assistance generally, please contact us: hello@fentonelliott.co.uk / 01635 896336

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